|
g. Wetlands. The Contractor agrees to facilitate compliance with the protections for
<br /> wetlands in accordance with Executive Order No. 11990, as amended, "Protection of Wetlands," at 42
<br /> U.S.C. § 4321 note.
<br /> h. Floodplains. The Contractor agrees to comply with the flood hazards protections in
<br /> floodplains in accordance with Executive Order No. 11988, as amended, "Floodplain Management," 42
<br /> U.S.C. §4321 note.
<br /> i. Endangered Species and Fisheries Conservation. The Contractor agrees to comply
<br /> with protections for endangered species set forth in the Endangered Species Act of 1973, as amended,
<br /> 16 U.S.C. §§ 1531 through 1544, and the Magnuson Stevens Fisheries Conservation Act, as amended,
<br /> 16 U.S.C. §§ 1801 et seq.
<br /> j. Historic Preservation. The Contractor agrees to encourage compliance with the
<br /> Federal historic and archaeological preservation requirements of Section 106 of the National Historic
<br /> Preservation Act, as amended, 16 U.S.C. § 470f; with Executive Order No. 11593, "Protection and
<br /> Enhancement of the Cultural Environment," 16 U.S.C. § 470 note; and with the Archaeological and
<br /> Historic Preservation Act of 1974, as amended, 16 U.S.C. §§469a through 469c, as follows:
<br /> (1) In accordance with U.S. Advisory Council on Historic Preservation regulations,
<br /> "Protection of Historic and Cultural Properties," 36 C.F.R. Part 800, the Contractor agrees to consult
<br /> with the State Historic Preservation Officer concerning investigations to identify properties and
<br /> resources included in or eligible for inclusion in the National Register of Historic Places that may be
<br /> affected by the Project, and agrees to notify FTA of those properties that are affected.
<br /> (2) The Contractor agrees to comply with all applicable Federal regulations and
<br /> directives to avoid or mitigate adverse effects on those historic properties, except to the extent the
<br /> Federal Government determines otherwise in writing.
<br /> k. Indian Sacred Sites. The Contractor agrees to facilitate compliance with the
<br /> preservation of places and objects of religious importance to American Indians, Eskimos, Aleuts, and
<br /> Native Hawaiians, in compliance with the American Indian Religious Freedom Act, 42 U.S.C. § 1996,
<br /> and with Executive Order No. 13007, "Indian Sacred Sites," 42 U.S.C. § 1996 note, except to the extent
<br /> the Federal Government determines otherwise in writing.
<br /> I. Mitigation of Adverse Environmental Effects. Should the proposed Project cause or
<br /> result in adverse environmental effects, the Contractor agrees to take all reasonable measures to
<br /> minimize the impact of those adverse effects, as required by 49 U.S.C. § 5324(b), and other applicable
<br /> Federal laws and regulations, including 23 C.F.R. Part 771 and 49 C.F.R. Part 622. The Contractor
<br /> agrees to comply with all environmental mitigation measures that may be identified as commitments in
<br /> applicable environmental documents, (i.e., environmental assessments, environmental impact
<br /> statements, memoranda of agreement, and other documents as required by 49 U.S.C. § 303) and
<br /> agrees to comply with any conditions the Federal Government might impose in a finding of no
<br /> significant impact or record of decision. The Contractor agrees that those environmental mitigation
<br /> measures are incorporated by reference and made part of this Agreement for the Project. The
<br /> Contractor also agrees that any deferred mitigation measures will be incorporated by reference and
<br /> made part of this Agreement for the Project as soon as agreement with the Federal Government is
<br /> reached. The Contractor agrees that those mitigation measures agreed upon may not be modified or
<br /> withdrawn without the express written approval of the Federal Government.
<br /> Section 23.Energy Conservation. The Contractor agrees to comply with the North Carolina
<br /> Energy Policy Act of 1975 (N.C.G.S. 1136) issued in accordance with the Energy Policy and
<br /> Conservation Act, as amended, 42 U.S.C. §§ 6321 et seq., except to the extent that the Department
<br /> determines otherwise in writing. To the extent applicable, the Contractor agrees to perform an energy
<br /> assessment for any building constructed, reconstructed, or modified with FTA assistance, as provided
<br /> in FTA regulations, "Requirements for Energy Assessments," 49 C.F.R. Part 622, Subpart C.
<br /> Section 24.Charter Service Operations.
<br /> The Contractor acknowledges that Federal and State requirements prohibit the use of
<br /> vehicles, facilities and equipment funded by Federal or State grant programs for the provision of charter
<br /> services unless it is determined that there are no willing and able charter operators in the service area.
<br /> Federal law does not provide exceptions to these regulations for vehicles that are loaned or leased to
<br /> 05/27/2015 Page 28 of 35
<br />
|